Comparative and Foreign Law Commons^™

Socialism And Federation, John N. Hazard

Michigan Law Review

Federal structures are often established by national founders to manage intractable problems created over generations, if not centuries, by the migration of peoples. Military and economic pressures may stimulate union to assure survival, but ethnic, racial or religious tensions sometimes hamper draftsmen who sense the need for unity. Federation has often been the modem solution to the conflict between the need for unity and the desire for autonomy felt by groups fearing the loss of identity.

Judicial Jurisdiction In The United States And In The European Communities: A Comparison, Friedrich Juenger

Michigan Law Review

Eric Stein deserves our gratitude for making European integration accessible to American students and teachers. He has taught and written widely on this important subject, and the casebook he published with Hay and Waelbroeck is a valuable aid for dispelling what a judge of the Communities' Court of Justice called "splendid mutual ignorance." Following Judge Pescatore's suggestion that it is time to take note of the experience gathered on both sides of the Atlantic, it seems worthwhile to compare the evolution of jurisdictional principles in the United States and in the Common Market.

Socialist Federation--A Legal Means To The Solution Of The Nationality Problem: A Comparative Study, Viktor Knapp

Michigan Law Review

The history of federations is both long and short. It is long in that the federation originated with the Swiss Confederation, which dates back to the 1291 defense confederacy of the cantons of Uri, Schwyz and Unterwalden; it is short because the second federation in world history, one that has become a model for many others, did not come into being until almost five centuries later in America.

Geography And Law, Bernhard Grossfeld

Michigan Law Review

The central questions of comparative law are still unsolved: Which legal institutions in what legal cultures can be compared with each other in a meaningful way? What can we learn from comparative law for the solution of our own problems?

This Article will discuss the relations between geography and law. I have already discussed the subject of language and law elsewhere; with regard to religion and law, I refer the reader to the extensive writings of Harold Berman.

The Supervision Of Corporate Management: A Comparison Of Developments In European Community And United States Law, Alfred F. Conard

Michigan Law Review

In 1971, Eric Stein published an account of the remarkable progress of the European Economic Community (EEC) toward a harmonized law of business corporations. The progress was particularly striking from an American viewpoint, because the harmonization was achieved by moving toward the more rigorous of the various national standards, in contrast to the "race of laxity" or "race for the bottom" that has characterized the movement toward uniformity in the corporation laws of U.S. states.

In Memoriam -- Soia Mentschikoff, E. Allan Farnsworth, Edward T. Foote Ii, Richard G. Huber, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

The United States Action In Grenada: An Exercise In Realpolitik, John M. Karas, Jerald M. Goodman

University of Miami Inter-American Law Review

No abstract provided.

Has The Fourth Amendment Gone Adrift In United States V. Villamonte-Marquez?, Cynthia Bianchi

University of Miami Inter-American Law Review

No abstract provided.

Book Review Of Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury Trial In England And The United States, B. J. George Jr.

Journal of Legal Education

No abstract provided.

Taking Facts Seriously, William Twining

Journal of Legal Education

No abstract provided.

Law On The Installment Plan, Bruce W. Frier

Michigan Law Review

A Review of Ulpian by Tony Honoré

Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review

Michigan Law Review

A Review of Final Judgment: My Life as a Soviet Defense Attorney by Dina Kaminskaya

Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review

Michigan Law Review

A Review of Tightening the Reins of Justice in America: A Comparative Analysis of the Criminal Jury I England and the United States by Michael H. Graham

International Distribution And Sales Agency Agreements, Andre M. Saltoun

UC Law SF International Law Review

No abstract provided.

Astronauts And A Unique Jurisprudence: A Treaty For Spacekind, George S. Robinson

UC Law SF International Law Review

No abstract provided.

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

All Faculty Scholarship

No abstract provided.

Extraterritorial Discovery: Extension Of Jurisdiction By The Eleventh Circuit, Geoffrey Spellberg

UC Law SF International Law Review

A problem which frequently arises in connection with international litigation concerns the assertion of jurisdiction by a court over a person, or res located in a foreign state. Extension of jurisdiction by United States courts to foreign enterprises has typically been manifested by discovery orders compelling document production. Foreign states have attempted to block this extension of jurisdiction by enacting nondisclosure statutes which subject violators to criminal liability for compliance with United States discovery orders. This Note examines the analysis developed by United States courts to determine the propriety of enforcing discovery orders that may subject a party to liability …

Introduction: The Legal Aspects Of Inhabited Space Stations, I. H. Ph. Diederiks-Verschoor

UC Law SF International Law Review

No abstract provided.

Foreign Certificates Of Deposit: Securities Or Banking Transactions After Wolf V. Banco Nacional De Mexico, S.A., Dana W. Fox

UC Law SF International Law Review

A certificate of deposit has features which invite its characterization' as both a commercial banking and an investment banking instrument. This dual characterization raises a question as to whether the federal banking or securities laws properly apply to regulate the issue of such certificates. This Note reviews the implications of extending the coverage of the federal securities laws to the issuance of a certificate of deposit by a foreign bank to a United States citizen. The discussion centers upon Wof v. Banco Nacional de Mexico, A.,4. and incorporates the recent result in that case, analyzing its likely effect upon the …

The Large Civil Aircraft Industry: Applying Legal Policy-Making Tools To Accommodate A Changing Industry, Dennis G. Terez

Michigan Journal of International Law

This note first examines the emergence of Airbus Industrie (Al or Airbus) and identifies some of the legal and policy instruments which the European governments have employed to make Al a successful competitor. After a brief discussion of the growing difficulties with subsidy policies, the note considers European Community legislation for a common European industrial policy and the creation of a European Export Bank as possible alternative solutions for maintaining Al's competitiveness. The note finally argues that international industrial agreements are necessary legal tools for effective regulation of the manufacture and sale of large civil aircraft. International agreements currently in …

Elaborating The Legal Status Of Astronauts, V. S. Vereschetin

UC Law SF International Law Review

No abstract provided.

United States Tax Developments During 1983 That Can Affect International Transactions, Frederick R. Chilton Jr.

UC Law SF International Law Review

No abstract provided.

Preferential Treatment For Foreign Investment In The People's Republic Of China: Special Economic Zones And Industrial Development Districts, Thomas J. Klitgaard, Mayre Rasmussen

UC Law SF International Law Review

No abstract provided.

Business Opportunities In Japan, Hal G. Nielsen

UC Law SF International Law Review

No abstract provided.

Attorney-Client Privilege In The European Communities After A.M. & S. V. Commission: The Secret Is Out, Jeffrey Taylor Makoff

UC Law SF International Law Review

In a 1982 case the Court of Justice of the European Communities recognized the existence of an attorney-client privilege in European Community law. The privilege recognized by the Court of Justice, however, is narrower in scope than its United States counterpart; and the 1982 case left unanswered many important questions concerning the privilege's practical application in future cases. This Note examines the evolving doctrine of attorney-client privilege in Community law, with special attention given to the privilege's effect upon United States attorneys and their clients who are subject to Community jurisdiction.

Orbiting Inhabited Space Stations: Selected International Legal Aspects, Andrzej Gorbiel

UC Law SF International Law Review

No abstract provided.

Space Stations: Political, Practical And Legal Considerations, Carl Q. Christol

UC Law SF International Law Review

No abstract provided.

International Aspects Of The Proposed Commercialization Of United States Civil Land Remote-Sensing, D. Grant Seabolt Jr.

UC Law SF International Law Review

No abstract provided.

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

UC Law SF International Law Review

Antitrust regimes are mixtures of law, economics and administrative action instituted to protect complex economic processes. Currently in the United States there is widespread confusion and doubt about the goals, values, structures and processes of antitrust law. This Article presents a comparative study of United States and Swedish antitrust law in an attempt to shed some light on the current confusion. Sweden offers a valuable comparison because it utilizes its antitrust law to achieve the same basic goals that are pursued under United States antitrust law, but it does so in a significantly different manner. Swedish antitrust law, in contrast …

Unifying The Law Of Impossibility, J. Barrigan Marcantonio

UC Law SF International Law Review

On April 10, 1980, the United Nations Convention for the International Sale of Goods was announced. The Convention was the latest in a series of attempts to formulate a uniform law to govern transnational commercial transactions. Because the common- and civil-law systems start with fundamentally different approaches to contracts, the drafters of the Convention were faced with the difficult task of compromising between the two systems to create a hybrid acceptable to both. This Article focuses on the doctrine of impossibility where, on the surface at least, the common- and civil-law (exemplified by German law) approaches appear to be fundamentally …